Revisions to the ASTM E 1527 Standard: Three Insiders’ Perspectives

Remember when the U.S. Environmental Protection Agency’s All Appropriate Inquiries rule was promulgated in 2005? For the first time since then, there will soon be a new revision to the ASTM E 1527 Standard and the time to begin preparing your staff and educating your clients is now.

The E 1527-13 revision is the result of three years of discussion and debate among many dedicated stakeholders who spent countless hours at ASTM Phase I ESA Task Group meetings and on conference calls examining all parts of the standard and hammering out every word of the revision. The most significant revisions are in the areas of: REC definitions, agency file review, vapor migration/intrusion, user responsibilities and more.

For this event, EDR Insight is fortunate to have the input of three professionals—an environmental professional, a commercial real estate lender and an attorney—who were active with the revision process and who each devoted significant time and expertise to shaping the new revisions.

Join us for this important and timely event as the commercial lending and property risk management industry prepares to transition away from the -05 standard to E 1527-13.

Benefits to attendees:
• Insights into specific areas of revision and a deeper understanding of what drove the changes
• More clarity on REC-HREC-CREC definitions
• More clarity on agency file review
• An end user perspective from the lending sector
• An attorney’s take on what the changes mean in the construct of CERCLA liability and commercial property transactions
• Advice on how EPs and lenders should be preparing for E 1527-13
• Potential changes that end users may see in their Phase I ESA reports when E 1527-13 takes effect

The industry's only application to screen for vapor encroachment risk will soon be new and improved. We're moving the VEC App to Lightbox, saving you time. These updates will also include major improvements to key VEC App features like the ground water flow tool, filtering, report output and more. Join us for a preview of the new VEC App.

Whether you are new to the environmental due diligence field or a seasoned veteran, this webinar offers something for you. EDR Insight is honored to bring you the expertise of Grady Shields, an attorney with Wyrick Robbins Yates & Ponton LLP. Shields brings over 30 years of experience practicing environmental law, assisting clients with environmental due diligence and transactions, and counseling lenders on environmental issues.

At this webinar, Shields will share his insights on seven important issues impacting environmental due diligence in commercial real estate lending. This timely event will cover some of the latest environmental risks, like vapor migration, being pushed to the forefront, new emphasis on risk management tools like environmental insurance, the intense pressure on lenders by regulators and more. Take advantage of this opportunity to get some free advice from a trusted voice in environmental risk management.

Who Should Attend:

-Risk managers and loan officers at community banks
-Risk managers at national banks, looking for a quick refresher and update
-Environmental due diligence professionals serving lenders
-Insurance professionals

Expected Takeaways

Those attending should come away with a better grasp of:
-the need for pre-loan diligence, including diligence beyond the real property at issue
-the use and appropriate terms of borrower environmental indemnification agreements
-using both Pollution Legal Liability and Lender Environmental Liability coverage to limit lender risk
-how to maximize value, while minimizing lender risk, in default situations
-trends being driven by the regulators.

Project Managers (PMs) are the key to a professional services firm's success. Yet many firms promote technical people into roles they are not prepared or ready for. As a result, project profitability suffers and there is frustration at every level of the organization. By enabling project managers, through financial and systems training, automation, and accountability measures, the firm's profit margins can increase substantially.

In this webinar, attendees will be able to:
-Evaluate the challenges that cause many Project Managers to struggle with project profitability
-Understand the reasons that projects go over budget
-Review the financial aspects of project management that Project Managers need to know to be successful
-Learn how technology can help Project Managers deliver more profitable projects
-Develop some best practices to help Project Managers succeed

Speaker
June R. Jewell, CPA, President AEC Business Solutions
Jewell, a thought leader and expert in AEC firm profitability. has more than 28 years of business management consulting experience, and unsurpassed knowledge of the AEC industry. In addition to this role, she is the original founder and current strategic advisor of Acuity Business Solutions, a Deltek Premier Partner and consulting firm that works with AEC firms to support business profitability through web-based enterprise management technology.

She is the Amazon best-selling author of the book “Find The Lost Dollars: 6 Steps to Increase Profits in Architecture, Engineering and Environmental Firms.” Jewell has built and run a successful consulting practice, and is a highly sought after speaker at industry events and conferences. Her past speaking engagements include AIA, ACEC, SMPS, Design and Construction Network (DCN), Society for Design Administration (SDA), Zweig Group (formerly ZweigWhite), PSMJ, ROG Growth and Ownership Conference, Project Management Institute (PMI), Deltek Insight and Business of Architecture (BOA).

The new Clean Water Rule has significant implications for the way property due diligence will be conducted throughout the U.S. by altering the definitions and categories of jurisdictional waters and wetlands relating to the discharge of dredged/fill material into Waters of the U.S. These changes have the potential to greatly affect anyone involved in property assessments, land use, planning, development or lending.

Attempts to block its implementation made for a dramatic late summer and early fall. Tune into this time-sensitive event to ensure that you don’t miss out on important updates, the timing of the new revisions, and more importantly, how these changes impact the work you do, particularly for properties on or adjacent to waterbodies and wetland areas.

Attendees will benefit from:

· A leading expert’s take on the “what?” and the “why?” behind the changes
· Gaining clarity on who will be impacted
· Learning the specifics on how the new rule redefines “Waters of the U.S.”
· A close look at what you can expect and what you should be telling your clients
· An understanding of the differences between the new rule and existing rule

Don’t be caught off-guard. The new Clean Water Rule impacts the work you are doing today and could drastically impact the work you do tomorrow. Tune in for the latest!

Do you know where the market for property due diligence is heading? How is your business performance this year compared to industry benchmarks? How confident are you in your business forecast for next year?

The fourth quarter of 2015 is almost upon us, and that means, of course, that 2016 is just around the corner. Join us for our final ScoreKeeper webinar of the year when EDR Insight’s principal analyst Dianne Crocker will share her unique perspective on the latest state of the property due diligence market. Her presentation will provide attendees with a deep dive into the underlying economic and commercial real estate trends impacting the environmental due diligence market, and an in-depth look at the latest trends. Attendees of this 30-minute webinar will get answers to the following types of questions:

• Is my business over- or under-performing the overall market?
• What story does ScoreKeeper’s output tell about the regions driving the strongest 3Q growth?
• Is my state among the top 10 fastest-growers this year?
• Are the hottest mid-year metros still hot or cooling? And if so, who are the new entries taking their place?
• What do the latest data on market indicators impacting demand for your services say about the future business climate you’ll have to contend with?
• How aggressive should your business forecast be for 2016? How about 2017?

Concentrations of credit, particularly those related to commercial real estate loans, have been a common factor in bank distress during economic downturns. Since the financial crisis, regulators have been laser focused on ensuring that the nation’s largest financial institutions – those with $10+ billion in assets – have sound stress testing and capital planning programs in place to ensure financial stability.

The focus is trickling down to the community bank level and examiners are now asking smaller institutions to have appropriate programs in place. For many community bankers, there is uncertainty as to what examiners expect, as well as a lack of resources and expertise to comply. There is also a misconception about the value of stress testing, with attitudes ranging from “it’s a necessary evil” to “it is an integral part of our strategic planning process.”

EDR, in partnership with sister company Trepp, is pleased to offer this complimentary webinar “Stress Testing 101 – Best Practices for the Community Banker.”

Attendees with get answers to some commonly asked questions, including:

-What is a stress test?
-What is capital adequacy stress testing?
-What are the regulators’ expectations?
-What are the larger banks doing?
-What is the current state of stress testing?
-What do stress testing results look like?
-What macroeconomic variables go into projections?

Recent enforcement actions by bank regulators are heightening the need to establish formal policies for third party vendor management. Financial institutions that use outside firms for all types of underwriting and other bank functions are ramping up their oversight of outside firms and for some, the data management burden is not insignificant. This timely event will focus specifically on how risk managers can develop effective policies for managing outside vendors for appraisals and environmental assessments.

EDR is pleased to host a webinar on this timely topic with Mitch Kreeger, a well-known subject matter expert on valuation, environmental and seismic risk, and regulatory compliance topics, will share his insights and advice on establishing an effective vendor management policy for appraisers and environmental professionals. Kreeger will explore the myriad ways that attendees can improve vendor management, from initial project bidding to vendor selection to monitoring vendors over time.

At this educational webinar, attendees will receive advice on managing relationships with appraisers and environmental consultants, including answers to the following:

• What should we consider in selecting the “right” vendor for the job?
• How do we find quality appraisers? EPs?
• What guidance should our institution be giving our appraisers and EPs?
• What criteria should we be using to grade vendors and monitor performance?
• How are banks facing today’s vendor management challenges?

Among the top challenges lenders face today is the need to meet higher expectations set by the OCC and the Federal Reserve governing the use of third-party vendors. While the guidelines were released over a year ago, there is still confusion about what institutions should be doing.

One thing, however, is certain. Effective vendor management takes resources, and many institutions are finding it necessary to add staff and/or technology to help with the cause, particularly smaller institutions. The regulators have made it clear, vendor management is not just a one-time assessment, but is an ongoing process, and monitoring vendors long term is as important as the initial due diligence.

EDR is pleased to host a webinar on this timely topic on Wednesday, August 12, 2015 at 2:00 p.m. EST. Scott Roller, former head of vendor management at Citigroup, will provide clarity on the new regulations and help break down regulator expectations into easy-to-understand terms. Roller will explore key dimensions that attendees can use as the foundation for building out their own robust vendor management oversight program, from initial vendor risk classification all the way through ensuring adequate executive engagement in vendor management.

Attendees will learn best practices for satisfying regulators with this educational workshop, including answers to the following:
• What does the latest regulatory guidance on vendor management require?
• What are the biggest headaches banks are facing in complying with them?
• What advice is recommended for smaller banks struggling with limited manpower/resources?
• What are bank examiners looking for during audits?
• What are the latest best practices for policies and procedures?
• How are banks coping with the need to track and monitor vendors?
• What are the most common shortcomings that audits reveal?

Attendees will also receive a free copy of a white paper on vendor oversight and the cost of compliance.

Tune in for the industry’s only inside look at how the first half of the new year shaped up. In this complimentary web event, Dianne Crocker will share the latest stats from EDR’s ScoreKeeper service on how the property due diligence market looks at mid-year—as well as what your forecast for the second half will look like. Attendees of this 60-minute webinar will learn:

• The strength of commercial real estate investment and lending activity
• ScoreKeeper’s barometers of regional, state and metro hot spots for Phase I ESA volume
• Key forces driving demand for due diligence this year
• Changes in risk tolerance from the user community
• EDR Insight’s near-term forecast for environmental due diligence

Following decades of studies, scrutiny and debate, the U.S. EPA updated its TCE’s toxicity profile in the IRIS database, dramatically lowering the toxicity value. For transactional due diligence, this more stringent limit has important implications, including markedly more extensive and expensive cleanup processes. Given the focus on vapor migration in the new ASTM Phase I ESA standard, environmental professionals need to be increasingly cautious when making REC determinations and recommendations to clients.

Adding to the confusion is the significant variability in how regulators are using the updated TCE toxicity profile when making closure decisions at contaminated properties. For instance, U.S. EPA Regions 9, 10 and states like Minnesota, Indiana and Massachusetts (among others) have implemented profoundly different approaches to address TCE risk at contaminated sites. Thus, it is critical for environmental professionals to stay abreast of the how TCE guidance is being interpreted and applied across the country. In the latest development, the Agency for Toxic Substances & Disease Registry is proposing a dramatic change to its TCE toxicity profile for the first time in 18 years. The comment period ended on March 16, 2015, and if the update is finalized in its current form, there will be more intense scrutiny on exposure risks which will further complicate transactional due diligence.

This timely webinar will bring together an attorney and a national subject matter expert to address the various impacts of TCE’s toxicity update on transactional due diligence. This panel will help EPs answer the following questions:

-Does TCE in groundwater constitute a VEC and/or a REC?
-How should an EP manage variability in TCE standards in multi-state transactions?
-How can an EP take steps to minimize exposure to potential liability?
-How can an EP make sense of the science and available guidance?
-How should an EP communicate potential risks associated with TCE to clients?

Join us for a complimentary web event on the state of the market in the first quarter of 2015—and a look at the sectors driving growth in the new year. Attendees of this 60-minute webinar will learn:

• The status of commercial property transactions and the asset classes attracting the most attention
• This quarter’s regional, state and metro market hot spots
• Key players in the deal-making and lending worlds
• Where to focus business development efforts for 2015
• EDR Insight’s near-term forecast for environmental due diligence

Commercial real estate markets continue their slow recovery. As demand for loans intensifies, regulatory compliance is top of mind for financial institutions. Bank regulators are exercising strict oversight over all types of bank underwriting, including commercial appraisals. This webinar will address head-on the challenges that institutions face in meeting the latest guidance impacting the appraisal function, and what risk managers can and should be doing to survive an appraisal compliance audit.

Attendees will receive answers to these important questions:

• What do current guidance/regulations require of banks related to appraisals and how has that changed?
• What specific things are bank examiners looking for in an appraisal compliance audit?
• Are you doing everything you can to prepare your institution for the scrutiny of examiners before an audit? During an audit? After an audit?
• What are the latest best practices that banks should include today in their appraisal policies to protect themselves during this stage of market recovery?

Exposure to professional liability ranks high on the list of any environmental professional’s concerns. In this webinar, industry veteran Anthony Buonicore will present five carefully-selected case studies where an EP was sued, highlighting how costly litigation could have been avoided. Attendees of this webinar will come away with steps that can be taken to minimize professional liability exposure when:

• Submitting a Phase I ESA proposal
• Conducting a Phase I ESA
• Writing the Phase I ESA report

To help property assessment professionals meet the challenge of staying up to speed on the forces driving demand for their services, EDR Insight invites you to a complimentary web event on the state of the market in the fourth quarter of 2014—and a look to how the 2015 forecast is taking shape. Attendees of this 60-minute webinar will learn:

• The status of commercial property transactions and the asset classes attracting the most attention
• Commercial real estate lending volume
• Key players in the deal-making and lending worlds
• How attitudes toward risk are changing
• Where to focus business development efforts for 2015
• EDR Insight’s near-term forecast for environmental due diligence

Join us for a look at the forces driving demand for your services so that you can better position your firm for growth in the new year.

With risk management in the spotlight, environmental risk management policies are more important than ever. Environmental insurance options have evolved to offer lenders proven ways to manage risk as commercial loan originations increase in the second act of market recovery. Join us for this webinar as seasoned insiders share their insight into how insurance policies can effectively manage risk exposure. Attendees will also learn how environmental insurance can be applied to lending practices based on real world examples of claims scenarios.

Benefits to attendees:
• Background on the latest tools available to help lenders protect collateral on real estate loans or investments.
• The know-how to avoid an embarrassing loss on loan portfolios due to environmental issues.
• The latest intel on how lender environmental insurance can help lenders make more loans.

Vapor migration is part of the new Phase I environmental site assessment protocol from ASTM, E 1527-13. In December, the US Environmental Protection Agency blessed the new standard as compliant with the federal All Appropriate Inquiries rule, emphasizing the importance of assessing vapor migration risk as a standard part of Phase I ESAs. US EPA went even further in the December preamble and stated that vapor migration has always been a part of conducting AAI. In light of US EPA’s statements and the emphasis that assessing vapor migration is current standard practice for AAI-compliant Phase I ESAs, how is vapor being addressed in the field? If a Phase I ESA report identifies vapor migration as a Recognized Environmental Condition, or REC, what next? In today’s market of intensely short turnaround times for property transactions, is a vapor migration issue a deal killer? What are the current tools and options to investigate a vapor migration REC under transactional time constraints? When should a buyer walk away from a site potentially impacted by vapor migration? When to mitigate? How are environmental due diligence firms establishing consistent processes for recommending “next steps” for clients when vapor migration issues arise?

This timely webinar will bring together an attorney and two leading technical experts to address head-on the various avenues that firms are taking to assist end users of Phase I ESA reports on how to address vapor migration risk during the deal making process.

Regulatory pressures are fundamentally impacting the way that financial institutions manage the appraisal function. Our speakers will tackle the most impactful issues for both lenders and appraisals today. An expert from the Appraisal Institute, the largest appraisal membership society in the world with 23,000+ real estate valuation experts worldwide, will share first-hand research into the challenges faced by appraisers and by lenders that rely on the technical expertise of appraisal services. Attendees will learn about the concerns commercial real estate appraisers face, and the challenges their lender clients face in finding quality appraisers to help them respond to new policies and requirements. Speakers will also share insight into the latest policies from bank regulators like the OCC and FDIC that are impacting the integration of appraisals and environmental risk management. An expert in the trenches of a small community bank will share his insights into the shifting alignment of appraisals and environmental risk management at the community bank level, the importance of having a sound policy in place and actions that banks can take to best prepare for the scrutiny of examiners.

BENEFITS TO AUDIENCE:
- Information on how appraisers can meet today’s top challenges, align their services with the challenges lender clients face
- A deeper understanding of bank regulations impacting appraisals
- An insider’s take on what bank examiners look for
- Advice on steps banks can take to protect themselves against examiner scrutiny
- A look into the forces that are bringing appraisals and environmental due diligence functions closer together

With scrutiny on lenders’ risk management policies intensifying, more and more community banks are writing their first policies or updating old ones. The OCC just raised the bar for the banks it regulates with the August release of expanded guidelines for environmental risk management that bring their policy requirements in line with those of the FDIC. What are the critical components that should be in every policy? What elements are common to most institution’s policies? How does your institution measure up to industry best practices? How is policy administered across organizations?

Join us for this webinar as seasoned insiders selected from the ranks of a mid-sized bank and small community lender share their experiences in writing and updating environmental policies. Learn what these experts are doing to protect their institutions from environmental risk exposure, and the dangers that lenders face by not having adequate policies in place to protect them from financial and legal liability.